1.16 Legislative, Policy Mandates and alignment with Long-term Vision

The legislative and policy mandates that directly influence the establishment and operations of local government are numerous, encompassing international, national, provincial and regional influences. It is important that there is a direct linkage between the activities at local government level and the broader strategic policy and legislative environment in order that a common vision for the development of South Africans and Nelson Mandela Bay in particular can be achieved.

The following legislation defines the nature of the IDP:

(a) Constitution of the Republic of South Africa Act 108 of 1996

Sections 152 and 153 of the Constitution stipulate that a municipality must give priority to the basic needs of its communities and promote their social and economic development to achieve a democratic, safe and healthy environment.

(b) Local Government: Municipal Systems Act 32 of 2000

Sections 28 and 34 of the above Act stipulate the need for each and every municipality to develop and adopt an IDP, which should be reviewed annually. In addition, it outlines the IDP process and components.

(c) Local Government: Municipal Finance Management Act 56 of 2003

Section 21 of the above Act makes provision for alignment between the IDP and the municipal budget. The Service Delivery and Budget Implementation Plan is an annual contract between the Municipality’s administration, Council and the community, which ensures that the IDP and the Budget are aligned.

(d) Local Government: Municipal Planning and Performance Management Regulations (2001)

These Regulations make provision for the inclusion in the IDP of the following:

e) Local Government: Municipal Structures Amended Act 117 of 1998

This Act provides for the establishment of municipalities and defines the various types and categories of South African municipalities. It also regulates the internal systems, structures and office-bearers of municipalities.

f) Municipal Property Rates Act 6 of 2004

The objective of the above act is to regulate the powers of municipalities to levy rates on property. Rates represent a critical source of own-revenue for municipalities in order to achieve their constitutional development objectives.

This section demonstrates the linkages between Nelson Mandela Bay’s IDP and the following legislative and policy directives, whilst acknowledging that there are numerous other mandates that are adhered to:

 Sustainable Development Goals (SDGs)

 National Development Plan (NDP) 2030

 Integrated Urban Development Framework 2016

 Eastern Cape Vision 2030 – Provincial Development Plan (PDP)

 Medium-Term Strategic Framework Outcomes

1.17 Sustainable Development Goals

The Sustainable Development Goals (SDGs) are captured in a set of 17 global goals with 169 targets, for achievement by 2030. The goals were adopted in 2015 by the 194 countries of the United Nations’ General Assembly, of which South Africa is a member country.

1.18 National Development Plan 2030

The National Development Plan (NDP) of South Africa was produced by the National Planning Commission in 2011. Among it aims are the elimination of poverty and the reduction of inequality by 2030.

1.19 Provincial Development Plan 2030

In the context of the Provincial Development Plan (PDP), strategic interventions are programmes and projects that are implemented to achieve the targets and objectives set out in the PDP and the Five-year plan. The strategic interventions of the flagship programmes of the PDP are the major programmes that will enable achievement of the goals.

PDP Apex Indicators

The Department of Provincial Monitoring and Evaluation is responsible for planning the implementation methodology of the Programme. The Programme of Action to roll out the PDP involves the following steps:

1.20 Integrated Urban Development Framework (IUDF)

The IUDF responds directly to the vision outlined in the National Development Plan and is a policy framework to guide the future growth and management of urban areas. It is designed to effect spatial transformation through reorganising the urban system in order that cities can become more inclusive, resilient and liveable.

Four overall strategic goals are pursued in the IUDF, namely:

 Spatial Integration – new spatial forms

 Inclusion and access - access to social and economic opportunities

 Growth – inclusive sustainable economic growth and development

 Governance – enhanced state capacity and citizens for collaboration around spatial and social integration.

The above inform the priorities of 9 policy levers, identified as follows:

The IUDF can be seen to directly link to the strategic objectives of the IDP. The Eastern Cape Development Plan is grounded in the National Development Plan, but has specifically been developed taking cognisance of the critical priorities that face the Eastern Cape. The Plan was developed in 2014, in collaboration with citizens, organisations and institutions both within and outside of the Eastern Cape.

Arising from the above, five related goals have been developed for the Eastern Cape. Each goal has a vision, key objectives and strategic actions. The goals are interrelated. The Plan has a specific focus on rural development, due to the specific absence of spatial equity in the Eastern Cape.

1.21 Medium-Term Strategic Framework Outcomes

The Medium-Term Strategic Framework is an expression of Government’s Programme of Action. In terms of the Programme of Action, ten strategic priority areas have been identified. In order to achieve the strategic priorities, twelve Key Outcomes with accompanying Outputs and Activities have been identified. This has led to the conclusion of ministerial performance agreements related to the strategic priority areas. As a result of this, various structures are in place to coordinate the implementation of the outcomes, review progress and decide on interventions when needed.

In terms of Section 29 (1)(a) of the MSA; “The process followed by a municipality to draft its Integrated Development Plan, including its consideration and adoption of the draft plan must – be in accordance with a predetermined programme specifying timeframes for the different steps”.

Section 21 (1) (b) MFMA, “The Mayor of a municipality must – “at least 10 months before the start of the budget year, table in Council a time schedule outlining key deadlines for (i) the preparation, tabling and approval of the annual budget; annual review and any consultative processes forming part of the processes related to IDP and Budget review”.

The NMBM Council, in its sitting on 28 August 2018, approved the IDP, Budget and BEPP Multi-year Time Schedule. It is available on the NMBM Website at:

www.nelsonmandelabay.gov.za.

CHAPTER 2: SITUATIONAL ANALYSIS

This chapter describes the developmental context of the Nelson Mandela Bay Municipality and identifies the City’s strengths, opportunities, weaknesses and challenges within this context as well as the ability of the City to perform its tasks in line with its mandate and the vision. It needs to be recognized that the City is still experiencing the worst drought ever recorded in its history and that residents are constantly encouraged to use water responsibly.

The 2017/18 Customer Satisfaction Survey was conducted across a wide range of demographic criteria to measure any statistically significant differences in the overall satisfaction of respondents across gender, age and educational attainment. Overall, 60% of participants indicated that they were happy with municipal service delivery.

The development of this IDP took into consideration the results of the recently undertaken customer satisfaction survey. Table 7 below reflects on the results of the customer satisfaction survey.

TABLE 7: Results of the 2017/18 Customer Satisfaction Survey

TABLE 8: Population growth trend in Nelson Mandela Bay

Source: StatsSA (2001 Census), StatsSA (Community Survey, StatsSA Mid-Year Estimates

and StatsSA (2011 Census)

Table 8 reflects on population growth trends and predictions for the future. A noticeable decline in the number of Blacks in the Metro is evident. This decline is predicted to continue to year 2020.

2.1 Health levels and conditions in Nelson Mandela Bay (HIV & AIDS / TB / STIs – Multi-Sectoral Approach for 2019/2020 Mainstreaming)

One of the key Millennium Development Goals (MDGs) for 2015, as set by the UNDP, was to combat HIV/AIDS, malaria and other diseases and reduce child mortality. Within Nelson Mandela Bay, strides have been made to ensure that the spread of HIV/AIDS is reduced and treatment is made available. One of the key priorities for the 2015/16 review should be concerted efforts on the implementation of the HIV/AIDS strategy in Nelson Mandela Bay and the capacitation of the Unit responsible for this programme.

The Municipality is committed to ensuring that HIV/AIDS, Tuberculosis (TB) National/Provincial Strategic Plan (2017-2021) objectives are mainstreamed externally and internally by all stakeholders in Nelson Mandela Bay involved in the fight against the HIV/AIDS and TB pandemic. Nationally, HIV/AIDS and TB are viewed not only as health issues, but also as socio-economic developmental and human rights issues. Local government has to champion the fight against these epidemics, plan an integrated approach that will mitigate the impact of HIV/AIDS and TB and create an enabling environment for economic and social development.

Mainstreaming is everybody’s business; therefore, there can be no mainstreaming without public participation, consultation and engagement of all stakeholders in the City. This gives them better insight into and understanding of the epidemic itself and knowledge on how to respond to it.

2.2 Key strategic objectives of National HIV/AIDS, TB Plan (2017-2021)

 Address socio-economic and structural drivers leading to HIV infections and measurably reduce stigma and discrimination.

 Reduce the rate of new HIV and TB infections using combination prevention methods and a multi-sectoral approach.

 Sustain health and wellness, ensuring physically and mentally healthy communities.

 Protect human rights and unlawful discrimination and inequality.

2.3 List of policies

It should be noted that internal operations policies are not advertised on the municipal website - only those that have direct implications for the public.

TABLE 9: POLICY REGISTER OF THE NELSON MANDELA BAY MUNICIPALITY

Source: NMBM Chief Operating Office - Policy and Research

Municipal By-Laws are reviewed as and when there is a need.

TABLE 10: Municipality’s gazetted By-Laws

The Nelson Mandela Business Chamber Plan, initiated in 2017, identifies four priority clusters (sectors) as: the Automotive Sector, Light Manufacturing, Tourism and

Hospitality, and Agro-processing. The report identifies key interventions which could help these sectors grow and which are within the capacity of the Metro to influence.

These sectors were identified as priorities because their growth will not only benefit the economy but also provide an opportunity for inclusive growth in the Metro through employment opportunities (ECSECC 2017 Outlook).

In terms of economic infrastructure, the City is unique in that it is a two Port City: the Port of Port Elizabeth, near the City Centre, and the deep-water Port of Nqura in the Coega Special Economic Zone (SEZ), located 30 km north of the City Centre. Possessing two ports creates an opportunity for the city to establish a strong and vibrant maritime sector (Stats SA).

The indicator areas focused on regulations relevant to the life cycle of small to medium sized domestic businesses and were built on standardised case scenarios. Within these indicators, the length of time, financial cost and number of procedures were evaluated. Of the five indicators, three, namely dealing with construction permits, registering property and getting electricity, were within the direct control of municipalities.

The following is the result recorded in respect of Nelson Mandela Bay in relation to the afore-stated three municipal indicators:

 Dealing with construction permits - Analysis has shown that it is the cost of building plans that needs to be re-evaluated to bring the City in line with other local authorities.

 Registering property – In terms of this indicator, the Nelson Mandela Bay Municipality performed above average and was rated fifth best in the country. The Municipality will however need to address the time taken to issue rates clearance certificates in order to perform better.

 Getting electricity –The Municipality requires five procedures to be completed (which is average), but these procedures take 330 days to complete. Cost is also a factor that could be improved.

The 2018 survey undertaken by the World Bank Team revealed a significant improvement in three indicators measured in the Nelson Mandela Bay Municipality. In 2015, the Getting Electricity indicator measured, revealed that it took 330 days to finalise electricity connections, which period has since been reduced to 190 days.

Registering property, which used to take 25 days (WB 2015 report), has since been reduced to 20 days. Finally, the construction permit indicator has also been reduced (from 101 to 96 days). All these interventions are as a result of the collaboration between National Treasury, World Bank specialists and the Nelson Mandela Bay Municipality. This work is monitored by the Office of the City Manager and reported on a quarterly basis to National Treasury.

2.5 Poverty

Altogether 640 000 people were living in poverty in the Nelson Mandela Bay

Metropolitan area (ECSECC, 2017), which is 15.98% higher than the 552 000 in

2006. In 2016, 65.1% of the African population group lived in poverty, as compared

to the 67.72% in 2006, with 40.6% of the Coloured and 8% of the Asian population groups living in poverty. Currently, approximately 30% of formal households in the city cannot afford basic services in terms of the Indigent Programme, with an average of 16.1% of households receiving no income (CSurvey, 2016).

The unemployment rate in the Metro is at 36.8% (CS, 2016) - up by 4.2 % from the same period last year (31.8%). The number of unemployed in the Bay increased from 159 000 to 202 000. The impact of high unemployment remains a great concern to the residents and all key stakeholders in the Metro.

2.6 Safety

In a 2016 South African Cities Networks Report titled “State of Urban Safety in South Africa”, the importance of urban safety in cities was highlighted. The report states that Cities are “places not only of opportunity, but also of inequality and high levels of violence and crime”. The Report’s findings confirm that crime and violence in South Africa are heavily concentrated in urban areas.

Nelson Mandela Bay has a relatively slow population growth, low population density, and high levels of social incoherence/family disruption and inequality. The city compares well to the other cities across most social / structural risk factors, especially in respect of service deprivation and housing informality levels.

The safety and security of local communities, residents, visitors, tourists and holiday- makers is a key focus area of the Municipality. To make the city safer, the institution provides a broad spectrum of services. The emergency services that are provided to ensure the safety of all communities and visitors include disaster management, fire and emergency and security services, as well as traffic and licensing services.

Collaboration between all internal and external stakeholders, particularly law enforcement agencies, is maintained to identify potential threats and reduce or eliminate risks.

Nelson Mandela Bay is noted for achieving a standard level of access to basic services, namely housing, water, sanitation, electricity, safety and security, social amenities, refuse removal, and road networks.

2.7

USDG

The NMBM is performing very well in respect of USDG spending, which resulted in the Municipality receiving an amount of R200 million. The USDG is allocated to metropolitan municipalities for urban development purposes only. Due to poor performance in certain metropolitan municipalities, National Treasury resolved or gazetted the amendment of the USDG allocation from poorly performing metropolitan municipalities to best performing municipalities - and the NMBM became one of the beneficiaries of this allocation.

Although the NMBM is performing well in respect of USDG spending, this cannot be translated to expenditure on other capital projects that the city is implementing. There is a need for improvement in this area of spending.

Below are service delivery performance highlights during the 2017/18 financial year:

 Provision of integrated and sustainable human settlements:

 Provision of quality potable water and reliable water supply:

o 100% of households (both formal and informal) have access to a basic level of water supply (including households within a 200 m radius of a standpipe).

 Provision of sanitation services:

o 98% of households (both formal and informal) have access to a basic level of sanitation.

 Provision of electricity and energy:

o 1 581 electricity connections provided.

 Provision of solid waste management services:

o 100% households within the urban edge are receiving a weekly domestic waste collection service (excluding informal areas on privately owned erven and erven not earmarked for human settlements development).

 Provision of recreational facilities and public amenities:

o 2 beaches upgraded through the provision of either revetments / parking areas / walkways / security cameras / picnic facilities and/or dune stabilisation.

 Response time to emergencies:

o 7 minutes and 29 seconds average response time to traffic emergencies within Nelson Mandela Bay (from Control Centre receiving notification of emergency to dispatched officer arriving at the scene).

o 12 minutes and 16 seconds average response time to fire emergencies within Nelson Mandela Bay (from Control Centre receiving notification of emergency to dispatched officer arriving at the scene).

CHAPTER 3: METHODOLOGY AND STAKEHOLDER ENGAGEMENTS

The Municipality’s leadership set in motion a strategy to prepare an Integrated Development Plan that would place the people of Nelson Mandela Bay at the centre of planning. With a strong commitment to improve service delivery and grow the economy to create jobs, it was crucial for the new administration to reform the administration and its systems.

Chapter Seven (7) of the Constitution of the Republic of South Africa, Act 108 of 1996, Chapter Four (4) and Five (5) of Local Government Municipal Systems Act, 32 of 2000 and Chapter Four (4) of the Municipal Finance Management Act Number 56 of 2003 compel municipalities to engage communities through public participation programmes. This should not only be done as a compliance exercise, but also as serious engagement with communities in order for all municipal programmes implemented within the five-year cycle of Integrated Development Plans to be informed by the priorities of citizens.

The Long-Term Growth and Development Plan provides a framework for three successive five-year Integrated Development Plans until 2032, aimed at achieving a comprehensive socio-economic turnaround for the Nelson Mandela Bay Municipality. This is important to equip all directorates of the Municipality with a united and shared focus for efforts to meet challenges and achieve desired goals.

At the broader level, strategic focus is placed on integrating the local economy into the developmental agendas of the national and continental economies and to efficiently manage and capitalise on the impacts of globalisation and climate change as two of the most prominent challenges currently faced.

The Metro’s political and administrative leadership, communities and economic sector groups, consulted throughout the development of the long-term development plan, have high ambitions for a bright future for Nelson Mandela Bay. This Municipality is determined to achieve those ambitions throughout the entire City.

The 2019/20 IDP / Budget public participation review programme was approved by

the Strategic Planning Steering Committee, established by the Executive Mayor to oversee the whole planning and implementation processes of the IDP and Budget. When the new administration took over on 27 August 2018, a revised public participation programme was approved for the meetings to start from 04 September until 15 October 2018. The final round of public meetings took place from 25 April to 20 May 2019.

The summary below outlines some of the communication initiatives implemented during the public participation programme reviewing the 2018/19 IDP and Budget:

 An IDP App was developed and implemented alongside an IDP Input form on the municipal Website. The IDP App received 78 441 visits since its establishment in 2018, while 78 people submitted their inputs during the current review of the IDP and Budget.

 IDP Input forms were developed and distributed to communities during IDP meetings. A total of 310 IDP inputs forms were received during public meetings.

 EPWP workers were employed in each Ward to distribute and collate IDP Input forms at Ward Councillors’ Offices, and 3027 completed forms were received.

 The total attendance of public participation meetings for the duration of the review of 2018/19 IDP and Budget was 4 534.

 Councillors were also requested to inform their communities about the meetings

 Loud hailing services.

 Requested the Religious Desk from the Speaker’s Office to spread the message in their churches about the meetings and encourage congregants to attend the planned meetings.

 Newspapers adverts were published.

 Radio slots and live radio reads were used.

The final round of public participation took place on 25 April 2019 to 20 May 2019,

while bilateral meetings with Ward Councillors took place from 23 April 2019 to

25 April 2019 and on 14 May 2019 to ensure alignment between Ward priorities and

the budget. The total number of residents who interacted with the IDP / Budget

public participation processes in various manners during August 2018 to May 2019

was

86 312.

Apart from the Municipality having consulted with communities, economic sector industries were also engaged. Engagements between the economic sector industries stakeholders and ACSA unblocked a number of challenges that were experienced by them, particularly ACSA concerning its future plans for the development of the Port Elizabeth International Airport.

The scope of engagement with critical stakeholders was also expanded to include a sector that was not consulted adequately in the past, namely the Cultural and Creative Industries. There are plans and intentions to expand consultation platforms beyond the current stakeholders consulted. There are also plans to include NGOs, CBOs and SANGOCO in future meetings to ensure that the NMBM is reaching as many participants in the process as is possible.

Special Sectors and Mainstreaming

This is one of the critical stakeholders in the NMBM participating during IDP and Budget review processes. The Nelson Mandela Bay Municipality has established an institutional framework that coordinates and facilitates the mainstreaming of the best interests of children, people with disabilities, the elderly, women and youth through the Special Programmes Unit within Constituency Services.

Meetings with Special Sectors took place on 21 August 2018 and 26 April 2019 respectively. Some of the priorities consistently raised during a number of previous meetings were again presented during the meetings held in August 2018 and April

2019. For example, a Sign Language Interpreter was available at these meetings

and some of the meeting documents were converted into Braille – services really

appreciated by those people who needed such services.

Among the issues raised consistently on a number of platforms, include the provision of houses that are friendly to people with disabilities; sidewalks to accommodate

people in wheelchairs; and facilities where people with disabilities may create and display products developed using their hands, e.g. arts and crafts such as beadwork.

They also raised the issue of the employment of a focal person in the Office of the Executive Mayor to deal with issues directly affecting people with disabilities. The issue of a public transport system that was user-friendly to people with disabilities was also raised during the meetings held with the Special Sectors in 2018 and 2019.

In an effort to ensure integration and synergy, all Directorates are required to ensure that special sectors development will become central in their planning, budgeting, and the implementation of their projects and programmes. The Special Programmes Unit, in conjunction with Directorates and in collaboration with relevant stakeholders, is expected to conduct its business in the following manner:

 Conduct public awareness and education for the promotion of mainstreaming the youth, women, aged, disability, gender and children’s rights issues in Council and government programmes; with extensive campaigns associated with national days in the form of Pride and Observance dates.

 Ensure that special sector’ concerns and needs become the integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres for designated groups to benefit equitably.

 Coordinate efforts that ensure that planning, policies, programmes and projects will counteract the inequalities and disparities experienced by children, disability, elderly, women, youth and gender machinery.

 Ensure the coordination and facilitation of the systematic inclusion of all concerns of children, disability, elderly, women, youth and gender machinery at all levels of planning, policy making and programme implementation.

 Ensure the fairness and availability of measures that compensate historical and social disadvantages that prevent special sectors from operating on a level playing field.

 Effectively and efficiently coordinate for the alignment and compliance to local, provincial, national, SADC, regional, continental and international obligations and protocols pertaining to special sectors.

 Ensure that special sectors contribute and benefit from economic, social, cultural and political development.

 Assess the implications for designated groups of any planned action, legislation, policies or programmes in all areas and at all levels.

Cultural and Creative Arts Industries

In an effort to enhance public participation, the NMBM consulted for the first time on IDP / Budget related issues with the Cultural and Creative Arts Industries in 2018. Since that was the first time for such stakeholders to participate in the process, quite a number of issues were raised by this sector.

Future consultation and participation meetings will be held with these stakeholders. Artists raised serious concerns about the fact that they were not being consulted when budgets were allocated for their programmes: issues such as who determined what budget went to this sector and how such determination was made, which artists would benefit from municipal activities in providing their services and the criteria used to select them were raised.

They emphasised that, in future, nothing must ever be done or decided about their industry without honest consultations with them. The current administration expressed the commitment to this sector that, going forward, there would be constant engagement with the sector on issues relevant to it so that the gap that used to exist in the past would not be perpetuated.

Table 11 is a summary of ten (10) frequently raised issues across the Metro. It is clear from the table that the upgrading and maintenance of sewerage systems is a key priority. This issue was particularly dominant in township Wards.

Other issues that dominated the recent public meetings, as reflected in Table 11, were: Skills development; the rectification of houses including pre-1994 houses; the

provision of streetlights; the construction, upgrading and maintenance of sport fields; and the visibility of Metro Police and SAPS.

An integrated approach is therefore required in addressing issues raised by the communities during these public meetings. Issues raised that do not fall within the mandate of Local Government are elevated to the relevant departments for their attention. It is critical for the NMBM to establish, enhance and strengthen Intergovernmental Relations platforms to make sure that there is integration in the manner in which government responds to issues raised by communities at the local sphere.

TABLE 11: Priorities with highest frequency in Wards during IDP / Budget Review (August 2018 to May 2019)